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H0583................................by JUDICIARY, RULES AND ADMINISTRATION
CRIMINAL PROCEDURES - Adds to existing law relating to criminal procedure
to provide for the expungement of the criminal records of innocent persons.
02/08 House intro - 1st rdg - to printing
02/09 Rpt prt - to Jud
02/22 Rpt out - rec d/p - to 2nd rdg
02/23 2nd rdg - to 3rd rdg
03/01 3rd rdg - PASSED - 68-0-2
AYES -- Anderson, Andrus, Barraclough, Barrett, Bastian, Bayer,
Bedke, Bell, Bilbao, Black, Block, Boe, Bolz, Brackett, Bradford,
Cannon, Chadderdon, Clark, Collins, Crow, Deal, Denney, Edmunson,
Ellsworth, Eskridge, Field(18), Field(23), Garrett, Hart, Harwood,
Henbest, Henderson, Jaquet, Kemp, Lake, LeFavour, Loertscher,
Martinez, Mathews, McGeachin, McKague, Miller, Moyle, Nielsen,
Nonini, Pasley-Stuart, Pence, Raybould, Ring, Ringo, Roberts, Rusche,
Rydalch, Sali(Sali), Sayler, Schaefer, Shepherd(2), Shepherd(8),
Shirley, Skippen, Smith(30), Smith(24), Smylie, Snodgrass, Stevenson,
Trail, Wills, Wood
NAYS -- None
Absent and excused -- Mitchell, Mr. Speaker
Floor Sponsor - McGeachin
Title apvd - to Senate
03/02 Senate intro - 1st rdg - to Jud
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-eighth Legislature Second Regular Session - 2006
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 583
BY JUDICIARY, RULES AND ADMINISTRATION COMMITTEE
1 AN ACT
2 RELATING TO CRIMINAL PROCEDURE; AMENDING CHAPTER 26, TITLE 19, IDAHO CODE, BY
3 THE ADDITION OF A NEW SECTION 19-2604A, IDAHO CODE, TO PROVIDE FOR THE
4 EXPUNGEMENT OF THE CRIMINAL RECORDS OF INNOCENT PERSONS.
5 Be It Enacted by the Legislature of the State of Idaho:
6 SECTION 1. That Chapter 26, Title 19, Idaho Code, be, and the same is
7 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
8 ignated as Section 19-2604A, Idaho Code, and to read as follows:
9 19-2604A. EXPUNGEMENT OF CRIMINAL RECORDS -- INNOCENT PERSONS. (1) Any
10 person who has not been found guilty or pled guilty to a crime, including
11 related, plea-bargained or lesser offenses, may, after the dismissal, verdict
12 or other final termination of proceedings, petition the court for the
13 expungement of his or her arrest, incarceration, criminal case and all related
14 records.
15 (2) Upon the filing of the petition, the court shall set a date for a
16 hearing and shall notify the prosecuting attorney of the pendency of the peti-
17 tion and the date of the hearing. The prosecuting attorney and any other per-
18 son who may have relevant information about the petitioner may oppose the
19 petition and testify at the hearing.
20 (3) If the court finds that the expungement of the petitioner's record
21 will not compromise public safety, it shall order all records in the
22 petitioner's case in the custody of the court and all other related records,
23 including law enforcement investigatory reports and fingerprint records, in
24 the custody of any other agency or official, sealed. It shall further order
25 all references to the arrest, incarceration and criminal case removed from all
26 indices, including the national crime information center, and from all other
27 records available to the public. Copies of the expungement order shall be sent
28 to each agency or official named in the order. Upon the entry of the order,
29 the proceedings in the petitioner's case shall be deemed never to have
30 occurred and the petitioner may lawfully reply accordingly upon any inquiry
31 into the matter.
32 (4) Notwithstanding any other provision of this section, a special index
33 of the expungement proceedings and records shall be kept by the court ordering
34 expungement, and such index and records shall not be available to the public.
35 Inspection of the index and records may thereafter be permitted only by the
36 court upon petition by the person who is the subject of the records or by
37 order of any other court of competent jurisdiction.
STATEMENT OF PURPOSE
RS 15850
The purpose of this legislation is to allow a provision in law
for the expungement of criminal records of those people who are
found not guilty of a crime.
FISCAL IMPACT
There is no fiscal impact to the general fund.
Contact
Name: Representative McGeachin, David Leroy
Phone: 332 1000
342 0000
STATEMENT OF PURPOSE/FISCAL NOTE H 583